IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15668 of 2022

Arising Out of PS. Case No.-146 Year-2020 Thana- SIKARPUR District- West Champaran

======================================================

Md. Parwez Alam @ Parwez Alam S/O Md. Murtuza Alam R/O Village -

Sheoganj, Ward No.-7, P.S. - Shikarpur, Dist. - West Champaran.

... ... Petitioner/S

Versus

The State Of Bihar

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s

:

Mr. Dilip Kumar Roy- Advocate

For the Opposite Party/s :

Mr. Binay Krishna- S.P.P.

======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA

ORAL ORDER

2

18-04-2022

Heard learned counsel for the petitioner and learned

SPP for the State.

The petitioner seeks bail in a case registered for the

offences punishable under Section 366A of the Indian Penal

Code, Sections 3(i)(r)(s) of the SC/ST (P.O.A.) Act and Section

8 of the POCSO Act.

The learned counsel for the petitioner submits that the

petitioner is in custody since 07.09.2021, he is a person with

clean antecedent, charge-sheet has been submitted in this case

and charges have been framed.

The learned counsel for the petitioner further submits

that the informant alleges that her minor daughter used to go to

the coaching centre of Md. Parwez Alam @ Parwez Alam

(petitioner) for studying. It is next alleged that on 12.03.2020,

Patna High Court CR. MISC. No.15668 of 2022(2) dt.18-04-2022

2/4

the petitioner came to the house of the informant and took her

daughter to the coaching centre and when she did not return till

10.00 A.M., the informant along with her family members

started searching and when she met the petitioner, he abused her

and said that he does not know about the victim and when the

informant said that it was the petitioner, who had taken her from

home, on which the petitioner used caste name as detailed in the

F.I.R. It is next alleged that on 01.04.2020, the informant

received a call and the caller informed that the victim used to

talk to her brother and when the informant wanted to know, who

the caller was, the call was disconnected. Thus, the informant

alleges that the victim has been kidnapped by the persons, who

had made the call.

The learned counsel for the petitioner submits that

petitioner has been falsely implicated in the present case. From

perusal of the allegation, it would manifest that the informant

alleges that petitioner had taken the victim to the coaching

centre where she was studying. It is further submitted that after

the victim returned, her statement was recorded under Section

161 of the Cr.P.C., which was at variance with the allegation as

alleged in the F.I.R., the victim in her statement under Section

161 of the Cr.P.C. has stated that she used to teach in the

Patna High Court CR. MISC. No.15668 of 2022(2) dt.18-04-2022

3/4

coaching centre and was getting Rs.800/- and she had gone to

teach the student where she was given tea and she became

unconscious. Thereafter, she alleges that when she became

conscious, she saw Ranjit Kumar along with others, who took

her somewhere and also that she felt that some illegal act was

committed and thereafter, she has stated that later, she came to

know that she was in Bengaluru. The learned counsel submits

that thereafter her statement was recorded under Section 164 of

the Cr.P.C. and the statement under Section 164 of the Cr.P.C.

was at variance with the allegation as alleged in the F.I.R. and

her statement recorded under Section 161 of the Cr.P.C. wherein

she has stated that she was teaching in the coaching centre and

some money was due for which she had gone to the coaching

centre for asking for the money, but there, she was given tea and

she became unconscious. Further that Ranjit Kumar along with

others committed illegal act with her apart from other facts as

mentioned in the statement under Section 164 of the Cr.P.C